[Federal Register Volume 77, Number 194 (Friday, October 5, 2012)]
[Rules and Regulations]
[Pages 60907-60910]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24341]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R01-OAR-2011-0453, FRL-9736-5]
Approval and Promulgation of Implementation Plans; Vermont:
Prevention of Significant Deterioration; Greenhouse Gas Permitting
Authority and Tailoring Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is approving revisions to the Vermont State Implementation
Plan (SIP), submitted by the Vermont Department of Environmental
Conservation (VT DEC) Air Pollution Control Division to EPA on February
14, 2011. The SIP revision modifies Vermont's Prevention of Significant
Deterioration (PSD) program to establish appropriate emission
thresholds for determining which new stationary sources and
modification projects become subject to Vermont's PSD permitting
requirements for their greenhouse gas (GHG) emissions. EPA proposed
approval of these regulatory revisions on August 16, 2012, and received
no comments. This action affects major stationary sources in Vermont
that have GHG emissions above the thresholds established in the PSD
regulations.
DATES: Effective Date: This rule is effective on November 5, 2012.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-R01-OAR-2011-0453. All documents in the docket
are listed on the www.regulations.gov Web site. Although listed in the
index, some information is not publicly available, i.e., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through www.regulations.gov or in hard
copy at the U.S. Environmental Protection Agency, EPA New England
Regional Office, Office of Ecosystem Protection, Air Permits, Toxics,
and Indoor Programs Unit, 5 Post Office Square--Suite 100, Boston, MA.
EPA requests that if at all possible, you contact the person listed in
the FOR FURTHER INFORMATION CONTACT section for further information.
The Regional Office's official hours of business are Monday through
Friday, 8:30 to 4:30, excluding Federal holidays.
FOR FURTHER INFORMATION CONTACT: For information regarding the Vermont
SIP, contact Donald Dahl, U.S. Environmental Protection Agency, EPA New
England Regional Office, Office of Ecosystem Protection, Air Permits,
Toxics, and Indoor Programs Unit, 5 Post Office Square--Suite 100,
(mail code OEP05-2), Boston, MA 02109--3912. Mr. Dahl's telephone
number is (617) 918-1657; email address: dahl.donald@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean EPA.
Table of Contents
I. What is the background for this action?
II. What comments did EPA receive?
III. What is the effect of this action?
IV. What action is EPA taking?
V. Statutory and Executive Order Reviews
[[Page 60908]]
I. What is the background for this action?
EPA has recently undertaken a series of actions pertaining to the
regulation of GHGs that, although for the most part distinct from one
another, establish the overall framework for today's final action on
the Vermont SIP. Four of these actions include, as they are commonly
called, the ``Endangerment Finding'' and ``Cause or Contribute
Finding,'' which EPA issued in a single final action,\1\ the ``Johnson
Memo Reconsideration,'' \2\ the ``Light-Duty Vehicle Rule,'' \3\ and
the ``Tailoring Rule.'' \4\ Taken together and in conjunction with the
Clean Air Act (CAA), these actions established regulatory requirements
for GHGs emitted from new motor vehicles and new motor vehicle engines;
determined that such regulations, when they took effect on January 2,
2011, subjected GHGs emitted from stationary sources to PSD
requirements; and limited the applicability of PSD requirements to GHG
sources on a phased-in basis.
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\1\ ``Endangerment and Cause or Contribute Findings for
Greenhouse Gases Under Section 202(a) of the Clean Air Act.'' 74 FR
66496 (December 15, 2009).
\2\ ``Interpretation of Regulations that Determine Pollutants
Covered by Clean Air Act Permitting Programs.'' 75 FR 17004 (April
2, 2010).
\3\ ``Light-Duty Vehicle Greenhouse Gas Emission Standards and
Corporate Average Fuel Economy Standards; Final Rule.'' 75 FR 25324
(May 7, 2010).
\4\ ``Prevention of Significant Deterioration and Title V
Greenhouse Gas Tailoring Rule; Final Rule.'' 75 FR 31514 (June 3,
2010).
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Recognizing that some states had approved SIP PSD programs that do
apply PSD to GHGs, but that do so for sources that emit as little as
100 or 250 tons per year of GHG, and do not limit PSD applicability to
GHGs to the higher thresholds in the Tailoring Rule, EPA published a
final rule on December 30, 2010, narrowing its previous approval of PSD
programs as applicable to GHG-emitting sources in SIPs for 24 states,
including Vermont (PSD Narrowing Rule).\5\ In the PSD Narrowing Rule,
EPA withdrew its approval of Vermont's SIP, among other SIPs, to the
extent that SIP applies PSD permitting requirements to GHG emissions
from sources emitting at levels below those set in the Tailoring Rule.
As a result of the Narrowing Rule, Vermont's approved SIP provided the
state with authority to regulate GHGs, but only at and above the
Tailoring Rule thresholds, and required new and modified sources to
receive a PSD permit based on GHG emissions only if they emitted at or
above the Tailoring Rule thresholds.
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\5\ ``Limitation of Approval of Prevention of Significant
Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources
in State Implementation Plans.'' 75 FR 82536 (December 30, 2010).
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On February 14, 2011, in response to the Tailoring Rule and earlier
GHG-related EPA rules, VT DEC submitted a revision to EPA for approval
into the Vermont SIP to establish appropriate emission thresholds for
determining which new or modified stationary sources become subject to
PSD permitting requirements for GHG emissions. Subsequently, on August
16, 2012 (77 FR 49404), EPA published a proposed approval of this SIP
submittal. Specifically, Vermont's February 14, 2011 SIP revision
establishes appropriate emissions thresholds for determining PSD
applicability to new and modified GHG-emitting sources in accordance
with EPA's Tailoring Rule. Detailed background information and EPA's
rationale for the proposed approval are provided in EPA's August 16,
2012, Federal Register action.
II. What comments did EPA receive?
The public comment period on the proposed approval of Vermont's SIP
revision ended on September 17, 2012. EPA did not receive any comments
on the proposed approval of this SIP revision.
III. What is the effect of this action?
Final approval of Vermont's February 14, 2011 SIP revision
incorporates changes to the state's rules to establish the GHG emission
thresholds for PSD applicability set forth in EPA's Tailoring Rule,
confirming that smaller GHG sources emitting less than these thresholds
will not be subject to PSD permitting requirements under the approved
Vermont SIP. EPA has determined the SIP revision approved by today's
action is consistent with EPA's regulations, including the Tailoring
Rule. Furthermore, EPA has determined this SIP revision is consistent
with section 110 of the CAA; therefore, EPA is approving this revision
into Vermont's SIP.
As a result of today's action approving Vermont's incorporation of
the appropriate GHG permitting thresholds into its SIP, paragraph 40
CFR 52.2372(b), as included in EPA's PSD Narrowing Rule, is no longer
necessary.\6\ Thus, today's action also amends 40 CFR 52.2372 to remove
this unnecessary regulatory language.
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\6\ 40 CFR 52.2372(b) codifies EPA's limiting its approval of
Vermont's PSD SIP to not cover the applicability of PSD to GHG-
emitting sources below the Tailoring Rule thresholds.
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IV. What action is EPA taking?
Pursuant to section 110 of the CAA, EPA is approving Vermont's
February 14, 2011 SIP revision, relating to PSD requirements for GHG-
emitting sources. Our approval includes amendments to Subchapter I as
follows: new definitions of ``Greenhouse Gases'' and ``Subject to
Regulation,'' amendments to the definition of ``Major Stationary
Source,'' and the addition of a provision regarding significance levels
of greenhouse gases to the definition of ``Significant.'' \7\ For
federal purposes, EPA is adopting the interpretations of Vermont's use
of the terms ``Greenhouse Gases,'' ``Subject to Regulation,'' and its
incorporation by reference of various federal regulations, as set forth
in our proposed approval. See 77 FR 49407. EPA is also approving the
classification of certain sources of greenhouse gas emissions as air
contaminant sources in Subchapter IV, section 5-401(16).
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\7\ As we noted in the proposed rulemaking, the definition of
``Significant'' in Vermont's SIP revision lacks significance
thresholds for several non-GHG pollutants, but we are approving the
revised definition as ``SIP strengthening.'' See 77 FR 49407.
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These revisions establish appropriate emissions thresholds for
determining PSD applicability with respect to new or modified GHG-
emitting stationary sources in accordance with EPA's June 3, 2010,
Tailoring Rule. With this approval, EPA also amends 40 CFR 52.2372 by
removing subsection (b).
EPA has made the determination this SIP revision is approvable
because it is in accordance with the CAA and EPA regulations regarding
PSD permitting for GHGs. The detailed rationale for this action is set
forth in the proposed rulemaking referenced above, and in this final
rule.
V. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
Accordingly, this action merely approves state law as meeting Federal
requirements and does not impose additional requirements beyond those
imposed by state law. For that reason, this action:
Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Order
12866 (58 FR 51735, October 4, 1993);
Does not impose an information collection burden under the
provisions
[[Page 60909]]
of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
Is not subject to requirements of Section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act; and
Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the state, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by December 4, 2012. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a petition for
judicial review may be filed, and shall not postpone the effectiveness
of such rule or action. This action may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401 et seq.
Dated: September 24, 2012.
H. Curtis Spalding,
Regional Administrator, EPA New England.
Part 52 of chapter I, title 40 of the Code of Federal Regulations
is amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart UU--Vermont
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2. Sec. 52.2370(c) the Table ``EPA-Approved Vermont Regulations'' is
amended by:
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a. Revising entries to state citations for Section 5-101 and 5-401.
0
b. Adding footnote 1.
The revisions and addition read as follows.
Sec. 52.2370 Identification of plan.
* * * * *
(c) * * *
EPA-Approved Vermont Regulations
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State
State citation Title/subject effective EPA approval date Explanations
date \1\
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* * * * * * *
Section 5-101.................. Definitions....... 2/8/2011 10/5/2012, [Insert Added definitions of
Federal Register ``Greenhouse Gases''
page number where and ``Subject to
the document Regulation,'' amended
begins]. definition of ``Major
Stationary Source,''
added significance
level for greenhouse
gases to the
definition of
``Significant.''
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Section 5-401.................. Classification of 2/8/2011 10/5/2012, [Insert Added certain sources
air contaminant Federal Register of greenhouse gas
sources. page number where emissions to the list
the document of air contaminant
begins]. sources
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\1\ In order to determine the EPA effective date for a specific provision listed in this table, consult the
Federal Register notice cited in this column for the particular provision.
[[Page 60910]]
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0
3. Section 52.2372 is amended by removing and reserving paragraph (b).
[FR Doc. 2012-24341 Filed 10-4-12; 8:45 am]
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